CITY OF SANTA CRUZ WAIVER OF LIABILITY, RELEASE,  

ASSUMPTION OF RISK  AND INDEMNITY AGREEMENT                                                                                          

I acknowledge that I and/or my child am/are voluntarily participating in Race the Wave running event, which may expose me and/or my child to risk. I understand this event is a hazardous activity and poses significant risks of personal injury including, but not limited to, bruises, sprains, broken bones, heart attack, concussions, paralysis or even death.  Hazards include, but are not limited to, traffic on the course route, falls, contact with other participants, and the condition of the course, including, but not limited to, curbs, cars, uneven pavement, potholes, rocks, and objects on the course surface. 

Assumption of Risk: I understand that any of these risks and perils, both anticipated and unanticipated, may cause injury or death.  I, therefore acknowledge that I and/or my child am/are voluntarily participating in this hazardous activity with knowledge of the potential dangers and hazards involved.  I hereby agree on behalf of myself and/or my child, our heirs, and our personal representatives, to accept and assume any and all risk, including the risk of injury, property damage, or death.  

Indemnification and Hold Harmless: In consideration of participating in Race the Wave running event, I, on behalf of myself and/or my child, our heirs, and our personal representatives, hereby release, discharge, hold harmless and indemnify the City of Santa Cruz and the City’s officers, officials, employees, agents and volunteers from and against all actions, claims or liability and costs (including attorneys’ fees and costs)  resulting from or in any way related to my and/or my child’s participation in the above-referenced Race the Wave running event.

I, on behalf of myself and/or my child, our heirs, and our legal representatives and assigns, further agree not to assert any claim, institute any suit or other legal process against the City of Santa Cruz or the City’s officers, officials, employees, agents or volunteers for injury, death or damage resulting from or in any way related to my and/or my child’s participation in the above-referenced Race the Wave running event.

Media Release: I also hereby give the City of Santa Cruz the right to film, record, and photograph me and/or my child participating in the above activity for reproduction in any medium for purposes of advertising, trade, display, exhibition, or other promotional use.

I HEREBY CERTIFY THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS.  I FURTHER CERTIFY MY UNDERSTANDING THAT THIS AGREEMENT CONSTITUTES A RELEASE OF ALL CLAIMS AGAINST THE CITY OF SANTA CRUZ AND AGAINST ALL OTHERS MENTIONED IN THE AGREEMENT.  I FURTHER UNDERSTAND AND CERTIFY THAT BY EXECUTION OF THIS AGREEMENT I AM VOLUNTARILY ASSUMING ALL RISK INHERENT IN MY AND/OR MY CHILD’S PARTICIPATION IN THE ABOVE-REFERENCED RACE THE WAVE RUNNING EVENT.  FINALLY, I ACKNOWLEDGE THAT I AM VOLUNTARILY SIGNING MY NAME TO THIS AGREEMENT AND BY DOING SO AM ACCEPTING ITS TERMS AS BINDING UPON MYSELF, MY CHILD, MY HEIRS, AGENTS, LEGAL REPRESENTATIVES, AND ASSIGNS.

Acknowledgment of Understanding: I, the undersigned, on behalf of myself or my child acknowledge that I have carefully read the foregoing Waiver of Liability, Release, Assumption of Risk and Indemnity Agreement on page 1, and fully understand and accept its terms.  I understand that I am giving up substantial rights, including the right to sue.  I acknowledge that I am signing this agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability on behalf of myself or my child to the greatest extent allowed by law.